ZAHID ALI LONE Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- This petition was heard the judgement reserved on 12-9-1995, subjects to production of records within one week by the respondent/State. By now more than ten days have passed, but neither records have been made available nor is there any response for the same.

(2.) By this petition moved under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir State, the petitioner has asked for the issuance of writ of certiorari for quashing the detention order passed by respondent No. 2 i.e. District Magistrate, Shrinagar, vide order No. DMS/PSA/Misc/19/95 dated 19-4-1995 under the Jammu and Kashmir Public Safety Act and writ of mandamus, directing the respondents to set at liberty the detenue forthwith wherever he is lodged at the time of passing of order of release.

(3.) The petitioner was constrained to file this petition and challenge the detention of the detenue as because when the detenue was detained under the aforesaid detention order, of which grounds of detention seem to have been served on the detenue, the grounds do make a mention that in the month of June, 1993, the person of the detenue was detained under Public Safety Act and lodged at District Jail, Kathua and other corelated facts.